093_SB0371eng SB371 Engrossed LRB093 02060 DRJ 02063 b 1 AN ACT in relation to public health. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Mercury Fever Thermometer Prohibition Act. 6 Section 5. Findings. 7 (a) The General Assembly finds: 8 (1) that human exposure to mercury can result in 9 adverse health effects, and mercury pollutants have been 10 linked to nervous system, kidney, and liver damage and 11 impaired childhood development; 12 (2) that mercury fever thermometers are easily 13 broken, creating a potential risk of dangerous exposure 14 to mercury vapor in indoor air and risking mercury 15 contamination of the environment; 16 (3) that accidental mercury spills and thermometer 17 breakages have proven costly to clean up; 18 (4) that according to the Mercury Study Report, 19 prepared by the U.S. Environmental Protection Agency and 20 submitted to the U.S. Congress in 1997, mercury fever 21 thermometers contribute approximately 17 tons of mercury 22 to solid waste each year; 23 (5) that according to the U.S. Environmental 24 Protection Agency, the quantity of mercury in one mercury 25 fever thermometer, approximately one gram, is enough to 26 contaminate all fish in a lake with a surface area of 20 27 acres; 28 (6) that accurate and safe alternatives to mercury 29 thermometers are readily available and comparable in 30 cost; and 31 (7) that many national pharmacy and retail chains SB371 Engrossed -2- LRB093 02060 DRJ 02063 b 1 have discontinued the sale of mercury thermometers to 2 consumers. 3 (b) It is the purpose of this Act to prohibit the sale, 4 distribution, or promotional gifts of mercury fever 5 thermometers in this State. 6 Section 10. Definitions. For the purposes of this Act, 7 the words and terms defined in this Section shall have the 8 meaning given, unless the context otherwise clearly requires. 9 "Mercury fever thermometer" means any device containing 10 mercury wherein the mercury is used to measure the internal 11 body temperature of a person. 12 "Health care facility" means any hospital, nursing home, 13 extended care facility, long-term facility, clinic or medical 14 laboratory, State or private health or mental institution, 15 clinic, physician's office, or health maintenance 16 organization. 17 "Hospital" means any institution, place, building, or 18 agency, public or private, whether organized for profit or 19 not, devoted primarily to the maintenance and operation of 20 facilities for the diagnosis and treatment or care of 2 or 21 more unrelated persons admitted for overnight stay or longer 22 in order to obtain medical, including obstetric, psychiatric, 23 and nursing, care of illness, disease, injury, infirmity, or 24 deformity. 25 "Person" means any individual, partnership, 26 co-partnership, firm, company, limited liability company, 27 corporation, association, joint stock company, trust, estate, 28 political subdivision, State agency, or non-profit 29 organization, or any other legal entity. 30 Section 15. Sale, distribution, or promotional gifts of 31 mercury fever thermometers prohibited. 32 (a) On or after July 1, 2004, no person shall sell, SB371 Engrossed -3- LRB093 02060 DRJ 02063 b 1 distribute, or give for promotional purposes (including 2 online retail) mercury fever thermometers in this State. 3 (b) On or after July 1, 2004, no hospital shall 4 distribute mercury fever thermometers in maternity or new 5 baby gift packs to patients. 6 (c) This Section does not apply to mercury fever 7 thermometers sold or provided to be used in a health care 8 facility. 9 Section 20. Manufacturing of mercury fever thermometers 10 prohibited. On or after July 1, 2004, no person shall 11 manufacture a mercury fever thermometer in this State. 12 Section 25. Penalty for violation. A person who violates 13 this Act shall be guilty of a petty offense and upon 14 conviction shall be subject to a fine of not less than $50 15 and not more than $200 for each violation.